Pharmaceutical + Medical Device

Morrison & Foerster’s product liability attorneys are leading counselors and trial lawyers to clients in the pharmaceutical and medical device industries. We represent some of the world’s largest and most innovative manufacturers, serving as national counsel in state and federal jurisdictions throughout the United States, and trying numerous jury cases to verdict in state and federal courts. Our representation of pharmaceutical and medical device clients includes mass tort litigation, legislative efforts to limit liability, warning and labeling requirements, risk assessments, product warranties and recalls, the provision of treatment during clinical drug studies, consumer fraud, and violations of the Confidentiality of Medical Information Act. Our attorneys are not only counselors and trial lawyers, they are well grounded in the sciences important to the pharmaceutical and medical device industries, holding more than 40 Ph.D. and M.D., and 20 Masters, degrees in relevant sciences. Our Product Liability Practice Group provides our clients the legal and technical skills to address the most complex product challenges confronting the pharmaceutical and medical device industries.

Lethal Injection Matters

Worked with a major pharmaceutical company to stop the states of Missouri and Texas from using a significant anesthesia drug in their executions. Faced with the threat of litigation, both states chose alternative methods for lethal injection. Our work helped to prevent a catastrophic drug shortage, as the European Union, which publicly opposes executions and had previously banned the export of drugs used in lethal injections, threatened to impose export restrictions if this drug was used for executions anywhere in the United States.

In re Aredia and Zometa Litigation

Represented a major pharmaceutical company in MDL proceedings and state-consolidated cases in which more than 200 plaintiffs claimed that pamidronate, an injectable drug used in the treatment of certain cancers, causes a degenerative condition of the jaw. On January 30, 2012, we obtained dismissals from all remaining plaintiffs in the MDL. The MDL court found that plaintiffs’ claims boiled down to failure to warn claims and, therefore, were preempted under the U.S. Supreme Court's decision in Mensing. In addition to MDL proceedings in the Eastern District of New York, we represented our client in New Jersey mass tort proceedings.

In re Reglan/Metoclopramide Litigation

Representing a major generic pharmaceutical company in hundreds of lawsuits (comprising more than 2,000 individual claims) that have been filed in numerous jurisdictions around the United States, alleging that Reglan/metoclopramide (when prescribed off-label for psychiatric purposes) causes significant side effects and damages health. The cases are pending in mass tort proceedings in Pennsylvania, New Jersey, and California.

Eye Drop Class Action Litigation

Defended a major pharmaceutical company in a class action case alleging that one of its ophthalmologic products contained insufficient preservatives and was subject to contamination resulting in an infectious injury. The case settled favorably for our clients.

Heparin Litigation

Serving as national counsel in numerous cases filed around the United States, alleging side effects from heparin-induced thrombocytopenia (“HIT”). Our client is the largest manufacturer of heparin, a prescription injectable blood coagulant often used in hemodialysis and cardiac invasive procedures.

Pain Pump Matters

Serving as national counsel for a major pharmaceutical company in product liability cases filed in jurisdictions around the United States. The cases alleged that local anesthetic products used in pain pumps contributed to the development of post-surgical chondrolysis, a degenerative condition of the shoulder. We achieved the dismissal of our client from 186 cases consisting of 478 plaintiffs. Many of these dismissals were accomplished through successful motions to dismiss, and persuading plaintiffs’ counsel to dismiss our client without it paying a single settlement.

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